CED - Documentation & E Library
Data Information Knowledge and Solidarity of HRD

Human Rights Defenders Data Information Knowledge Solidarity

HRDs  must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues .  Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document  case law  as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State  have been using. This is a contributory effort..

Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार

Aryan Khan को लेकर बोले Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार नहीं https://www.youtube.com/watch?v=MixdRHWd9Uo  Oct 25, 2021

वरिष्‍ठ वकील प्रशांत भूषण (Prashant Bhushan) ने पिछले दिनों एक ट्वीट किया था. जिसमें उन्‍होंने लिखा था कि कि देश के मुख्‍य न्‍यायाधीश जजों को व्‍यक्तिगत आजादी को लेकर थोड़ा और सचेत करें. प्रशांत भूषण ने एनडीटीवी से बातचीत में कहा कि आर्यन खान के केस में ऐसा कोई आधार नहीं है, जिस आधार पर जमानत खारिज की जा सकती है.

Another CAA protester gets Bail

Another CAA protester gets Bail in Delhi Riots as identity not proved दिल्ली दंगो में एक और ज़मानत https://www.youtube.com/watch?v=-watjA4Am6I 
Sep 5, 2021 Legal question : when the charge is of unlawful assembly, then all under Sec 34 common intention, Sec 149 common object..all persons are liable..  But at the time of bail, if there is no clear proof of that persons involvement, bail is not deniable.  

 

Revision of penal laws overdue Oct 24, 2019 https://www.tribuneindia.com/news/archive/comment/revision-of-penal-laws-overdue-851464 
Home Minister Amit Shah’s call for the revision of the Indian Penal Code (IPC) is being subjected to unnecessary criticism.

recent developments such as the enactment of the UAPA and the use of criminal law against political opponents have made some experts apprehensive that the revision would make the IPC further regressive and retributive. ..Criminal law reform must not be guided by retribution and deterrence, but by reformation and rehabilitation. ..

Justice Fitzgerald observed: ‘The law of conspiracy is a branch of our jurisprudence to be narrowly watched, to be zealously regarded and never to be pressed beyond its true limits.’ Under Section 149, mere membership of the assembly without any participation in the crime is sufficient. In several cases, people were sentenced to death, though most of them were not even present near the scene of the actual crime. Marital rape should be made a penal offence.

On the procedural front, an independent directorate of prosecution should be established. Investigation and prosecution are different functions. Witness protection regime must also be introduced and law of bail should be revised. Insistence on sureties must go.

Delhi Riots Bail Orders: CAA Protests are not Terrorist Activity | विरोध और आतंकवाद अलग | https://www.youtube.com/watch?v=-D-Mngkda5s Jun 15, 2021

Strange and Arbitrary Bail Orders: Are Indian Judges Going Too Far? https://thewire.in/law/judges-bail-orders  
28/APR/2020
A look at recent orders placing conditions on bail raises several questions. In granting bail one must balance the personal liberty of the accused with public justice. Lately, there have been many problematic bail orders both in terms of their length, what they stated as well as the conditions these orders imposed. 

The law is clear that conditions which have no nexus with the object and purpose of bail and tend to be in the nature of harassment of the individual or even an infringement of their constitutional and legal rights cannot be brought within the purview of the lawful exercise of ‘judicial discretion’.

 

Natasha Narwal - Salute

 

HC Grants Natasha Narwal 3 Weeks Bail for Father’s Last Rites 

 
Updated: 10 May 2021

Delhi violence and UAPA accused Natasha Narwal’s bail plea to attend the last rites and cremation of her father Mahavir Narwal was granted by the Delhi High Court on 10 May. The plea had been filed initially to meet her ailing father, battling COVID, in a hospital in Haryana’s Rohtak district. By the time the case was heard on 10 May, he had died. He breathed his last at 6 pm on 9 May.

She has been granted bail on conditions that include a personal bond of Rs 50,000, to provide her number to the concerned police stations in Delhi and Haryana etc. The Special Public Prosecutors Amit Mahajan and Amit Prasad  however made a request towards the end of the hearing that Narwal does not use social media to comment on the case in the interim, the court noted the request and made an oral remark to her lawyer, Adit Pujari, that she must maintain ‘radio silence.’

Her father, Mahavir Narwal, was a senior member of the Communist Party of India (Marxist) and a retired senior scientist from CCS Haryana Agricultural University, Hisar. He had been hospitalised on 3 May and was a diabetes patient which caused additional complications in his treatment of COVID. He was put on a ventilator on 9 May and died a few hours later.

Natasha was arrested over a year ago on 23 February last year, on charges of instigating the northeast Delhi riots which claimed the lives of 53 people. She is a member of Pinjra Tod and a student of the Jawaharlal Nehru University

  1. Default Bail: a fundamental right
  2. Deaths in Police Custody Rose Sharply Over Last Three Years, Rajya Sabha Told
  3. Death of Dalit Man in Police Custody Feb2022
  4. Letter to ADG Prisons
  5. the ‘anda cell’ is used to discipline prison inmates
  6. Reading Fr. Stan
  7. Mere association with Dawood Ibrahim will not amount to terror gang membership under UAPA
  8. Supreme Court Rebukes NIA For 4-Year Delay In Trial
  9. UN Rights Chief Urges India to Withdraw UAPA Case Against Arundhati Roy, Sheikh Showkat Hussain
  10. Sai Baba Presser after release..

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H R violations documentation

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Public Security Bill Maharashtra

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